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Posts tagged detection
Trafficked Third-Country Nationals: Detection, Identification and Protection in Austria

By Martin Stillar

Trafficking in human beings is a serious violation of human rights and human dignity, and is considered one of the worst crimes of all (Federal Ministry for European and International Affairs, n.d.). As a global phenomenon that can only be tackled at a global level and in an international context, human trafficking also affects Austria, which is both a country of destination and a country of transit due to its central location in Europe. Trafficked persons originate mainly from Eastern Europe, Africa and Asia. The phenomenon of human trafficking has intensified during the ongoing COVID-19 pandemic, especially in the area of labour exploitation, since economic hardship in particular makes people vulnerable to exploitation. Since the COVID-19 pandemic frequently has an impact on family income too, a growing number of children often have to work instead of going to school in order to support the family financially. This increases their vulnerability to exploitation. In order to tackle trafficking in human beings, Austria established a multidisciplinary task force in 2004 that includes representatives from all relevant federal ministries and government offices, the provinces, the social partners and specialized non-governmental organizations. One of the roles of the task force is to draw up the National Action Plan on Combating Human Trafficking. The current National Action Plan 2021–2023 contains over 100 concrete goals to tackle human trafficking. At the criminal law level, the offences of “trafficking in human beings” and “cross-border trafficking in prostitution” were introduced back in 2004. In Austria, people who are the object of one of these two criminal offences are regarded as trafficked. In addition, the offence of “exploiting a foreigner” was created in 2006. The number of actual convictions for one of these criminal offences is relatively low in Austria and accounts for only a fraction of those third-country nationals identified as trafficked persons in Austria. A fundamental requirement for protecting trafficked persons is that the precarious situation of these people is detected and that they are subsequently identified as trafficked persons. In Austria, a clear separation between “detection” and “identification” is discernible to only a limited extent, especially if the police – who are also responsible for identification – are involved right from the start. This distinction is also of only minor importance for care and support services. These services are funded by the State and are provided by victim protection organizations as soon as a presumed human trafficking situation is suspected, without any official intervention. Services can be accessed anonymously, voluntarily, free of charge and without the immediate involvement of the police, meaning that support is available unconditionally in Austria. In comparison with other countries, this seems to be a unique support service for trafficked persons. The victim protection organizations LEFÖ-IBF and MEN VIA can autonomously identify trafficked persons in order to provide these care and support services, and are thus able to offer support at a very early stage. The distinction between “detection” and “identification” appears blurred in an Austrian context, but a more concrete and formal separation of these two steps does not seem necessary for a better protection of trafficked persons – at least outside the setting of detention pending removal.

Vienna: International Organization for Migration, 2021. 58p.

Detection, detention, deportation : criminal justice and migration control through the lens of crimmigration

By J. Brouwer.

Border control has changed significantly in recent decades. Whereas globalisation appear s to have diminished the relevance of international borders, states have simultaneously sought ways to regain some form of control over cross-border mobility. In this process, alternative and novel means of border enforcement have emerged. What do these bordering practices look like? How are they implemented on the ground and experienced by those subjected to them? These are the main questions this dissertation aims to answer. To that end, it looks at bordering practices in the Netherlands through the lens of crimmigration, the term used to refer to the growing merger of criminal justice and migration control. Relying on extensive empirical fieldwork – including observations, focus group discussions, surveys, and in-depth interviews – the dissertation examines two border ing practices: intra-Schengen migration policing and the punishment and deportation of criminally convicted non-citizens. The different empirical chapters highlight the various ways these contemporary bordering practices are shaped by and in their turn shape the criminal justice system, and how this ultimately results in considerable challenges for the legitimacy of both the migration control and the criminal justice system.

Leiden: Leiden University, 2020. 251p.